Researchers' Activities

CIL Head of Trade and Investment Law and Policy Professor Michael Ewing-Chow, assisted by CIL Research Associate Junianto James Losari, taught at the Singapore Ministry of Foreign Affairs Training on Competition Law Policy and Intellectual Property Rights, which was organised by Drew & Napier and attended by twenty-seven government officials from around the world. Professor Ewing-Chow taught ‘Intellectual Property (IP), Technology, Investments & International Economic Law’ where participants learned about policy considerations that may affect States’ interests when entering into negotiations of IP provisions. Through the use of negotiation exercises using hypothetical fact patterns, the participants were tasked with reaching acceptable compromises relating to pharmaceutical products, tobacco plain packaging regulations and other public concerns pertaining to international IP and competition law regimes. For a photo from the event, click here.

CIL Research Fellow Ranyta Yusran participated in the 2014 International Law Association (ILA) Regional Conference on ‘Towards a Universal Justice? Putting International Courts and Jurisdiction into Perspective’ at the Lisbon University Law School, Portugal, from 11-12 September 2014. Ms Yusran presented a paper that she co-authored with CIL Head of Trade Law and Policy Associate Professor Michael Ewing-Chow entitled ‘If You Build It, They Still Will Not Come: ASEAN Dispute Settlement and Intra-ASEAN Disputes’ in Session 4 of the Conference concerning Dispute Settlement. The Conference was organised by the Lisbon University Law School and the Portuguese branch of the ILA and was attended by legal academics and practitioners from all over Europe. This is CIL’s second participation in ILA regional conferences. For a copy of her presentation, click here.

CIL Research Associate Junianto James Losari attended a meeting held by the Ministry of Foreign Affairs of Indonesia to discuss Indonesia’s review of the investor-state dispute settlement mechanisms included in its existing bilateral investment treaties and make recommendations for future investment agreements. The meeting, held on 14-16 August 2014 in Jakarta, was attended by government officials from various ministries and institutions in Indonesia.

CIL Director Professor Robert Beckman and CIL Senior Research Fellow Dr. Hao Duy Phan were invited to participate in the Conference on ‘Legal Issues regarding China’s Placement of the Oil Rig Haiyang Shiyou 981 in Viet Nam’s Exclusive Economic Zone and Continental Shelf’ in Ho Chi Minh City, Viet Nam. The Conference was organised jointly by the Ho Chi Minh City University of Law and the Viet Nam Lawyers Association. Professor Beckman made a presentation on the Dispute Settlement regime under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and Implications for the Disputes between Viet Nam and China. To download Professor Beckman’s presentation, click here.

CIL’s Head of Trade and Investment Law and Policy, Prof. Michael Ewing-Chow and CIL’s RA Junianto James Losari were invited by the DC Bar’s International Dispute Resolution Committee to attend a lunchtime panel discussion on “Changes in the System of Investor-State Dispute Settlement: Viewpoints from the Americas” that was held on 10 April 2014 at the office of Arnold & Porter LLP in Washington DC. The panelists (Anna Joubin-Bret, Jonathan S. Kallmer, and Omar Garcia-Bolivar) presented their findings of the current state of development in investor-state dispute settlement (ISDS) in both North America and South America. Michael and James were invited to share their views on the developments in Asia and in particular ASEAN and Asia. During the discussion that was moderated by Jean Kalicki, various innovations were mentioned on how countries sought to improve the current legal frameworks. These innovations are to be implemented both at domestic and international levels and could be considered as fresh ideas for currently ongoing IIAs negotiations, including the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership. Michael said that the ASEAN Comprehensive Investment Agreement (ACIA) has introduced several innovations, making it a more balanced agreement both in terms of investor protection and preserving the governments’ policy space. Separately, James queried whether there was any plans to consolidate agreements in the Americas, given that Asia has plans to do so under the Regional Comprehensive Economic Partnership (RCEP) negotiation.

CIL Research Associate Yvette Anthony assisted Senior Principal Research Fellow Christopher Thomas QC in teaching a three-day intensive training course for Singapore Ministry of Trade and Industry (MTI) officials on dispute settlement under international investment agreements.

CIL Director Robert Beckman made a presentation titled “Role of ASEAN and the Philippines v China Case” on 4 April 2013 at the 107th Annual Meeting of the American Society of International Law in Washington DC. Prof Beckman served on a Panel on Legal Solutions to Maritime Disputes in Asia, and he spoke about the South China Sea Disputes. The other members of the panel were Rosalyn Higgins, past President of the International Court of Justice; Loretta Malintoppi, Eversheds LLP Paris; and Galo Carrera Hurtado, Member of the Commission on the Limits of the Continental Shelf. The Panel was chaired by Prof Nilufer Oral of the Faculty of Law of Istanbul Bilgi University. For a copy of Prof Beckman’s PowerPoint slides in PDF format, click here.

Senior Principal Research Fellow Mr. Christopher Thomas, QC, was invited by Thailand’s Department of International Economic Affairs to participate in a panel discussion on 27 March 2013 organised by the Thailand Ministry of Foreign Affairs, together with the Royal Thai Embassy in Brussels and the Mission of Thailand to the European Union, on the issue of investor-state dispute settlement under the current EU investment regime. Fellow panellists were Ms. Eugenia Costanza Laurenza of FratiniVergano Brussels and Professor Jayavadh Bunnag of International Legal Counsellors Thailand Ltd, and the session was moderated by Dr. Vilawan Mangklatanakul, Director in the International Law Development Division in Thailand’s Ministry of Foreign Affairs. The purpose of the session was to assist Thai government officials in their understanding of the kind of protection offered and reciprocally demanded in the present model of investment protection advocated by the EU and the significance of the option of investor-state dispute settlement in arbitrating disputes which may arise.

CIL Director Robert Beckman participated in the Five Universities Conference 2013 organised by the LKY School of Public Policy. He made a presentation on ‘Dispute Settlement Mechanisms and the South China Sea Disputes’.

On 8 December 2013, Universitas Gadjah Mada (UGM) and its Center for World Trade Studies held a seminar with the theme of “Promoting Fair Trade to Achieve Sustainable Development through Doha Agenda”, a part of its three-day event, the 1st Model World Trade Organization (WTO). CIL Associate Junianto James Losari, representing Prof. Michael Ewing-Chow as the WTO Chair at NUS, delivered a talk on Diplomacy in World Trade Organization. In his talk, James explained about the dynamic of negotiations during the 9th WTO Ministerial Conference in Bali. With the consensus decision-making mechanism, every Member has an equal vote. With the number of developing countries outweighing the number of developed countries, it would be naive to argue that the WTO remains a club of rich nations or developed countries. He further observed the various advantages of having the Bali Package agreed by all WTO Members by also looking at the counterfactual. Besides James, Bapak Riza Noer Arfani, MA (WTO Chair at UGM) also delivered a talk on “Sustainable Development through Trade” which continues on exploring the results of the Bali Package and its impacts for developing countries.

CIL researchers participated in the 4th Biennial Conference of the Asian Society of International Law in New Delhi, India on 14-16 November 2013. They presented their papers in a panel titled “ASEAN: the Good, the Bad and the Ugly”. CIL Research Fellow Dr Hao Duy PHAN opened the Panel with a discussion on ASEAN’s role on intra-regional security (download in PDF format) followed by a presentation from CIL Research Fellow Mr Leonardo BERNARD on the use of extra-ASEAN dispute settlement mechanisms for ASEAN disputes (download in PDF format). The third presentation was delivered by CIL Research Associate Ms Ranyta YUSRAN on ASEAN and human rights (download in PDF format). Finally, Professor Michael Ewing Chow, Head of Trade and Investment Law and Policy of CIL, concluded the panel with a presentation on the purpose-driven architecture of dispute settlement and suggestions to strengthen the architecture of ASEAN (download in PDF format). The Panel was chaired by Professor Simon Chesterman, Dean of NUS Law Faculty. [View photo from event.]

Professor Joseph Weiler, Director of the CIL ASEAN Integration Through Law Project (NUS Law School and University Professor at the NYU School of Law) convened and chaired the discussions on International and ASEAN Law in the ASEAN 10 National Jurisdictions, Dispute Settlement Mechanisms and Human Rights at Plenary 3 of the ASEAN Integration Through Law Project: The Rule of Law in the ASEAN Community at the Grand Copthorne Waterfront Hotel, Singapore. CIL Director Professor Robert Beckman and Research Fellows Dr Tan Hsien-Li, Mr Leonardo Bernard and Ms Ranyta Yusran shared their work on ASEAN dispute settlement mechanisms, international and ASEAN law in the domestic jurisdictions of ASEAN states and human rights. For more information, please click here.

CIL Director Robert Beckman chaired a panel on Boundary Disputes Involving Oil & Gas Fields at the Oil & Gas Asia Dispute Resolution Conference at the Shangri-la Hotel in Jakarta on 5 June 2013. The conference was organized by the Singapore International Arbitration Centre (SIAC). The other members of the panel were Will Thomas of the Paris Office of Eversheds, Dominic Roughton of the Tokyo office of Herbert Smith Freehills, and Wesley Harris of the Malaysian office of Royal Dutch Shell.

CIL Research Fellow Dr Hao Duy Phan and CIL Research Associate Junianto James Losari participated at the 10th Annual Asian Law Institute Conference – “Celebrating Diversity: 10 Years of ASLI” on 23-24 May 2013 in Bangalore, India. The Conference was jointly organized by the Asian Law Institute and the National Law School of India University. Dr Hao Duy Phan opened the first panel on International and Transnational Regulation by discussing the Protocol to the ASEAN Charter on Dispute Settlement Mechanisms and its significance in further institutionalizing ASEAN into a rules-based regional organization. Junianto James Losari presented a paper by Dr. Lin Lin and Prof. Michael Ewing-Chow on “The Doing Business Indicators in Singapore: Only that Which is Measured is Measured” at the Panel on Business Law which discussed about the significance of the Doing Business Project of the World Bank in influencing the Company Law reforms in Singapore. To download Dr Hao Duy Phan’s PowerPoint Presentation, click here. To download Junianto James Losari’s PowerPoint Presentation in PDF format, click here.

CIL sponsored a Panel at the 107th Annual Meeting of the American Society of International Law (ASIL) in Washington DC on 5 April 2013, titled “Challenges for ASEAN: The South China Sea, Investment Protection and Myanmar”. Prof Michael Ewing-Chow opened the Panel with discussion on ASEAN legalization, institutionalization and economic law issues facing ASEAN, followed by Ambassador Arif Havas Oegroseno who talked about ASEAN and the South China Sea disputes. CIL’s Research Fellow Tara Davenport then talked about the approach of ASEAN Member States in negotiating and settling maritime boundaries (download her presentation in PDF format). Finally, CIL’s Senior Research Fellow Dr Tan Hsien-Li closed the Panel with a discussion of ASEAN’s approach to the human rights situation in Myanmar. The Panel was chaired by Edmund Sim of Appleton & Luff, and co-sponsored by the ASIL Law in Pacific Rim Interest Group and the ASIL International Economic Law Interest Group.

A/P Michael Ewing-Chow, WTO Chair and Head of CIL’s Trade and Investment Programme chaired Dialogue on Improving the Investor State Dispute System. Meg Kinnear, Secretary General, ICSID, Roberto Echandi, Director, Investment Programme, WTI, Anna Joubin-Brett, Partner, Foley Hoag and Chris Thomas Q.C., CIL Senior Principal Research Fellow, participated in the Dialogue. Ideas about how capacity could be built in developing countries and how fact finding could be improved during the arbitration process as were canvassed. Participants were also keen to encourage conflict management and mediation and conciliation as an alternative to immediate litigation.

A/P Michael Ewing-Chow, Head of CIL’s Trade and Investment Law and Policy Programme and WTO Chair, NUS was invited by the WTO as a regional expert for the WTO Regional Trade Policy Course for Asia Pacific officials at the Indian Institute of Foreign Trade (IIFT) in New Delhi, India. Prof Ewing-Chow taught “The WTO Dispute Settlement System” with Chibole Waikole, WTO Legal Affairs Officer and Alan Yanovich, Counselor, WTO Appellate Body Secretariat from 5-8 November 2012. Prof Ewing-Chow also shared his completed research on the use by Asian Developing Countries of the WTO Dispute Settlement System co-authored with CIL Student Research Assistant Alex Goh.

CIL Director Robert Beckman made a presentation on 24 October 2012 at the Workshop on ASEAN Enhanced Dispute Settlement Mechanisms at the ASEAN Secretariat in Jakarta. Prof Beckman’s presentation was on “Dispute Settlement Mechanisms and Compliance with ASEAN Agreements”. Prof Beckman also participated in a panel discussion at the Workshop on the ASEAN Dispute Settlement Mechanisms. For the PowerPoint Presentation, click here.

CIL Research Associate Leonardo Bernard participated in the 2nd MIMA South China Sea Conference: Geo Strategic Developments and Prospects for Dispute Management in Kuala Lumpur, Malaysia at 4-5 September 2012. The Conference highlighted the recent South China Sea developments and their implications on the position of the claimants and extra-regional powers in working for peaceful resolution of disputes in the South China Sea.

A/P Michael Ewing-Chow, WTO Chair and Head of CIL’s Trade and Investment Programme, was invited to participate in the WTO/ICTSD/ACWL Dialogue on Managing Trade Disputes in Geneva. He spoke in two sessions – “Managing Litigation – The Need for Inter-Agency Coordination” and “How to Actively Build Legal Capacity”.

CIL Research Fellow, Dr Tan Hsien-Li, along with CIL Research Associates Leonardo Bernard and Ranyta Yusran, participated in the 106th Annual Meeting of the American Society of International Law in Washington DC, USA on 28-31 March 2012. During the meeting, Dr Tan did a book review for The Practice of International and National Courts and the (De-)Fragmentation of International Law (Edited by Ole Kristian Fauchald and Andr? Nollkaemper). She also covered the Plenary Session rounding up Day 1 ? Confronting Complexity in the Hague: The View from the Courts and Tribunals ? featuring the heads of the international tribunals (Brooks Daly, Permanent Court of Arbitration; Theodor Meron, International Criminal Tribunal for the former Yugoslavia; Sang-Hyun Song, International Criminal Court; Peter Tomka, International Court of Justice). To access Dr Tan’s coverage of the Plenary Session, please click here.

A/P Michael Ewing-Chow, Head of CIL’s Trade and Investment Law & Policy Programme, and Adjunct Senior Research Fellow Geraldine Fischer were invited by UNESCAP, the Thai Department of Trade Negotiations, the International Institute for Trade and Development and the WTO, as expert trainers on Investment and Services negotiations. The “Capacity building programme on Trade in Services and Investment Liberalization Negotiations” was held in Bangkok from 27-30 March 2012. 50 Thai officials and officials from the CLMV countries also participated in this programme.

CIL Patron Professor S Jayakumar delivered an address on “Conflict Resolution: The Need for a New International Paradigm” (download in PDF) at the International Conference on Global Movement of Moderates in Kuala Lumpur, Malaysia.

A/P Michael Ewing-Chow, Head of CIL’s Trade and Investment Law & Policy Programme, was invited by the Kuala Lumpur Regional Centre for Arbitration to present a paper titled “Investment Agreements: Protecting Against Regime Change” at the Asia Pacific Regional Arbitration Conference, Kuala Lumpur, Malaysia.